NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector Childs (WorkCover Authority of New South Wales) v State of New South Wales (Department of Services, Technology and Administration [2009] NSWIRComm 202
Inspector Barry Childs (Prosecutor) PARTIES: State of New South Wales (Department of Services, Technology and Administration) (Defendant)
FILE NUMBER(S): IRC 1446 of 2008
CORAM: Haylen J
CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY ACT 2000 - s 10(1) - guilty plea entered - large water reservoir project managed by Department - formwork collapses during pour of concrete roof - scaffolding and formwork unsafe - whole of formwork structure fails throwing workers into the reservoir - two workers killed and three received serious injuries - failure to ensure formwork safe - failure to undertake safety audits and to obtain certification prior to concrete pour - failure to supervise project manager who attended site - failure to provide occupational health and safety training and instruction - serious breach established - Department a prior offender - general and specific deterrence considered - subjective factors significant - long established Department with generally good safety record and comprehensive safety systems - widespread review of safety system following accident - numerous steps taken to prevent recurrence of accident - contrition and responsibility demonstrated - Department a good corporate citizen - penalty imposed
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, 21A(3)(i) Occupational Health and Safety Act 2000, s10(1)
HEARING DATES: 20 October 2009
DATE OF JUDGMENT: 27 November 2009
Mr M Cahill of counsel (Prosecutor) SOLICITORS: WorkCover Authority of New South Wales LEGAL REPRESENTATIVES:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate